W.Va. Department Alerts PSC to Pole Attachment Problems

The West Virginia Public Service Commission should “stand ready to entertain complaints" that ISPs may bring against FirstEnergy for possibly violating commission pole attachment rules, a recent Frontier Communications settlement (see 2306220022) and terms of recently filed amended joint use agreements, the state’s Economic Development Department said Monday. ISPs face problems attaching equipment to FirstEnergy poles amid an influx of federal cash for broadband deployment, the department wrote. “A significant hurdle in implementing most of these projects is developing prompt, orderly, and reasonably priced pole attachment arrangements with the owners of utility poles, which are most often electric utilities,” it said. The volume of pole attachment permit applications has increased due to available federal funding, said the department: As a result, FirstEnergy outsourced its permit review process to third-party engineers and changed its attachment requirements. “These changes have increased costs and turnaround time which have caused significant delays and have negatively impacted lSPs to meet federal funding project deadlines.” ISPs say FirstEnergy "requires pole replacements and pole additions where none is needed,” the department said. “FirstEnergy is imposing the entire cost of pole replacements on lSPs when this expense should be shared among pole users when the existing pole is inadequate or deteriorated.” Also, the utility charges triple what Frontier asks for pole replacements, “appears to be changing its requirements from application to application,” and seems to lack a standardized process, it said. A FirstEnergy spokesperson said the utility has seen a spike in pole attachment requests. It received 1,124 requests monthly on average in 2022, increasing to 2,629 monthly by July 2023, the spokesperson said. “Verifying that the engineering and work associated with broadband attachments meets … stringent safety standards is key to maintaining the integrity of our infrastructure."